Fisheries Act 1994

This section applies if an authority holder has more than 1 interaction with a protected animal within a 12 month period.

The chief executive may amend the authority to impose reasonable conditions to reduce the risk of future interactions with a protected animal during a stated reasonable period, including, for example—

a condition requiring the holder to develop an individual mitigation plan; and

a condition imposing additional information requirements on the holder; and

a condition imposing a restriction on—

how long nets may be placed in the water; or

the types of fishing apparatus that may be used; or

the carrying out of particular fishing activities.

If the chief executive imposes a condition on an authority under this section, the chief executive must—

state in the condition a period within which the condition must be reviewed; and

review the condition within the stated period and decide whether or not the authority should be amended to remove the condition.

If the chief executive imposes a condition on an authority under this section, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.

Section 61(8) to (10) apply in relation to the imposition of a condition on an authority under this section.

Section 63 does not apply to an amendment of an authority under this section.

A condition imposed on an authority under this section may also be imposed on the authority on the renewal of the authority if the period for which the condition applies has not ended.

In this section—interaction, with a protected animal, means physical contact between a boat, person or fishing apparatus involved in a fishing operation and the animal.